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First Substitute H.B. 324
Representative Melvin R. Brown proposes to substitute the following bill:
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RADIOACTIVE WASTE DISPOSAL -
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GROUNDWATER DISCHARGE
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1999 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Melvin R. Brown
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AN ACT RELATING TO THE ENVIRONMENT; AMENDING PROVISIONS REGARDING
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RADIOACTIVE MATERIAL LICENSES, INCLUDING REQUIREMENTS APPLICABLE TO
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GROUND WATER DISCHARGE PERMITS; AND PROVIDING A DEFINITION OF
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PROCESSING.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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19-3-104, as last amended by Chapters 28 and 90, Laws of Utah 1995
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19-3-105, as last amended by Chapter 188, Laws of Utah 1994
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
19-3-104
is amended to read:
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19-3-104. Registration and licensing of radiation sources by department --
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Assessment of fees -- Rulemaking authority and procedure -- Siting criteria.
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(1) The board may require the registration or licensing of radiation sources that constitute
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a significant health hazard.
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(2) All sources of ionizing radiation, including ionizing radiation producing machines,
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shall be registered or licensed by the department.
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(3) The board may make rules:
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(a) necessary for controlling exposure to sources of radiation that constitute a significant
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health hazard;
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(b) to meet the requirements of federal law relating to radiation control to ensure the
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radiation control program under this part is qualified to maintain primacy from the federal
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government; and
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(c) to establish:
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(i) board accreditation requirements and procedures for mammography facilities; and
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(ii) certification procedure and qualifications for persons who survey mammography
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equipment and oversee quality assurance practices at mammography facilities.
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(4) (a) The department shall assess fees for registration, licensing, and inspection of
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radiation sources under this section.
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(b) The department shall comply with the requirements of Section
63-38-3.2
in assessing
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fees for licensure and registration.
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(5) The department shall coordinate its activities with the Department of Health rules made
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under Section
26-21a-203
.
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(6) (a) Except as provided in Subsection (7), the board may not adopt rules, for the purpose
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of the state assuming responsibilities from the United States Nuclear Regulatory Commission with
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respect to regulation of sources of ionizing radiation, that are more stringent than the
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corresponding federal regulations which address the same circumstances.
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(b) In adopting those rules, the board may incorporate corresponding federal regulations
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by reference.
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(7) (a) The board may adopt rules more stringent than corresponding federal regulations
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for the purpose described in Subsection (6) only if it makes a written finding after public comment
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and hearing and based on evidence in the record that corresponding federal regulations are not
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adequate to protect public health and the environment of the state.
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(b) Those findings shall be accompanied by an opinion referring to and evaluating the
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public health and environmental information and studies contained in the record which form the
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basis for the board's conclusion.
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(8) (a) The board may by rule establish criteria for siting commercial low-level radioactive
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waste treatment or disposal facilities.
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(b) Any facility for which a radioactive material license is required by this section shall
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comply with those criteria.
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(c) A facility may not receive a radioactive material license until siting criteria have been
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established by the board. The criteria also apply to facilities that have applied for but not received
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a radioactive material license.
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(d) A commercial facility transferring, storing, decaying in storage, treating, or disposing
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of byproduct materials as defined by 42 U.S.C. 2014(e), Atomic Energy Act, or other radioactive
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materials shall:
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(i) obtain a groundwater discharge permit from the Division of Water Quality;
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(ii) except as provided in Subsection (8)(e)(ii), meet the siting criteria established by board
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rule for commercial low-level radioactive waste facilities; and
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(iii) comply with the requirements of Subsection
19-3-105
(1)(b).
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(e) (i) As used in this Subsection (8)(e), "processing" is a procedure which results in the
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net value of the source material extracted from the radioactive materials exceeding the price the
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facility charges to accept the radioactive materials.
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(ii) The board shall by rule establish the criteria for determining the net value of the source
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material extracted from the radioactive materials.
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(iii) Any facility processing radioactive materials for the purpose of extracting source
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material as defined in 42 U.S.C. 2014(z), Atomic Energy Act, shall obtain a groundwater
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discharge permit from the Division of Water Quality, but is not required to:
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(A) meet the siting criteria established by the board regarding commercial low-level
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radioactive waste facilities; or
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(B) comply with the requirements of Subsection
19-3-105
(1)(b).
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(9) The board shall by rule establish financial assurance requirements for closure and
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postclosure care of radioactive waste land disposal facilities, taking into account existing financial
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assurance requirements.
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Section 2.
Section
19-3-105
is amended to read:
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19-3-105. Legislative and gubernatorial approval required.
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(1) (a) A person may not own, construct, modify, or operate any facility for the purpose
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of commercially transferring, storing, decaying in storage, treating, or disposing of radioactive
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waste without first submitting and receiving the approval of the board for a radioactive material
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license for the facility.
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(b) A person may not construct a new commercial radioactive waste transfer, storage,
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decay in storage, treatment, or disposal facility until:
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(i) the requirements of Section
19-3-104
have been met;
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(ii) in addition and subsequent to the approval required in Subsection (a), the governor and
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the Legislature have approved the facility; and
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(iii) local planning and zoning has authorized the facility.
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(c) For purposes of this section, the following items shall be treated as submission of a
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new license application:
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(i) the submission of a revised application specifying a different geographic site than a
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previously submitted application;
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(ii) an application for amendment of a commercial radioactive waste license for transfer,
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storage, decay in storage, treatment, or disposal facilities, including incinerators, if the construction
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would cost 50% or more of the cost of construction of the original transfer, storage, decay in
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storage, treatment, or disposal facility or the modification would result in an increase in capacity
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or throughput of a cumulative total of 50% of the total capacity or throughput which was approved
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in the facility license as of January 1, 1990, or the initial approval facility license if the initial
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license approval is subsequent to January 1, 1990; [or]
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(iii) any request for approval for a commercial radioactive waste transfer, storage, decay
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in storage, treatment, or disposal facility to receive class B or class C low-level radioactive waste,
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including the submission of a new license application, revised license application, or major license
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amendment; or
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(iv) an application or an amendment to an application to the federal Nuclear Regulatory
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Commission or the state Division of Radiation Control for the processing of radioactive material
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for the extraction of source material as defined in 42 U.S.C. 2014(z), Atomic Energy Act, if the
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net value of the source material is less than the price charged for the receipt of the radioactive
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material.
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(2) A person need not obtain gubernatorial or legislative approval for the construction of
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a radioactive waste facility for which a license application has been approved by the Department
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of Health or submitted to the federal Nuclear Regulatory Commission and to the Department of
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Health for approval before January 1, 1990, and which has been determined, on or before October
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31, 1990, by the Department of Health to be complete in accordance with state and federal
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requirements.
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(3) The board shall suspend acceptance of further applications for commercial radioactive
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waste facilities upon a finding that they cannot adequately oversee existing and additional
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radioactive waste facilities for license compliance, monitoring, and enforcement. The board shall
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report the suspension to the Legislative Management Committee.
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(4) The board shall review each proposed radioactive waste license application to
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determine whether the application complies with the provisions of this chapter and the rules of the
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board.
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(5) (a) If the radioactive license application is determined to be complete, the board shall
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issue a notice of completeness.
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(b) If the plan is determined by the board to be incomplete, the board shall issue a notice
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of deficiency, listing the additional information to be provided by the applicant to complete the
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application.
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